2.—(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2022(1) are amended in accordance with paragraphs (2) to (5).
(2) In regulation 16(3) (qualifying paid work requirement: employee)—
(a)in sub-paragraph (a)(i), after “foster parent,” insert “or”;
(b)for sub-paragraph (a)(ii) to (iv), substitute—
“(ii)on specified leave other than leave of the kind mentioned in sub-paragraph (b);”;
(c)for sub-paragraph (b), substitute—
“(b)in the case of a person on specified leave that—
(i)is not specified leave of the kind mentioned in sub-paragraph (a)(vi), (a)(vii), (b)(iv) or (b)(vii) of the definition in paragraph (4), and
(ii)was started because of the birth or adoption of a child in respect of whom a declaration is being made,
the period of 31 days ending with the day before the day on which the person returns to work.”;
(d)omit sub-paragraph (c).
(3) After regulation 16(3), insert—
“(3A) In the case of a person in an EEA State or Switzerland, the references in paragraph (3)(a) and (b) to a person on specified leave of a particular kind mean any period the person is, under the law of that EEA State or Switzerland, on leave of a kind substantially similar to that kind of specified leave.”.
(4) In regulation 16(4), in the definition of “specified leave”, after sub-paragraph (a)(vi), insert—
“(vii)carer’s leave;”.
(5) In regulation 20 (when a declaration may be made)—
(a)for sub-paragraph (a), substitute—
“(a)in the period of 16 weeks ending with the day before the day on which the child will meet the description in regulation 13 (if known), or”;
(b)in sub-paragraph (b)(ii), after “ending” insert “with the day”.
S.I. 2022/1134, amended by S.I. 2023/276 and 1330.